ECHR

Question 1

EUROPEAN CONVENTION OF HUMAN RIGHTS HISTORY

Answer 1

• ww2 and Soviets, USSR
• needs to be a union
• sir David maxwell and Pierre enree
• based on universal decoration of human rights (American)
• signed nov 1950 Inforce sept 1953
• to be effective need judicial arm such as European court of human rights
• applications by individuals , states, advisory opinions
• ## one judge from each member state (council of Europe) non renewable 9 year term high moral character and experience from country

Question 2

ECHR AND THE UK

Answer 2

• no right to individual petition till 66
• exhaustion of all domestic remedies (go through all courts)
• human rights act 1998 gives effect to convention in force Oct 2000

Question 3

THE RIGHTS

Answer 3

• absolute rights
• limited rights
• qualified rights

Question 4

ABSOLUTE RIGHT

Answer 4

• a right the state can never impinge or take away

- such as article 3 and 4

Question 5

LIMITED RIGHTS

Answer 5

• almost absolute but exceptions

- article 5 and 6

Question 6

QUALIFIED RIGHTS

Answer 6

• these rights are balanced against the interests of society / the rights of others
• article 8-11

Question 7

CONVENTION ARTICLES

Answer 7

• article 2 right to life
• article 3 prohibition of torture
• article 4 prohibition of slavery and forced labour
• article 5 right to liberty and security
• article 6 right to a fair trial
• article 7 no punishment without law
• article 8 right to respect for private life and family life
• article 9 freedom of thought conscience and religion
• article 10 freedom of expression
• article 11 freedom of assembly and association
• article 12 right to marry
• article 13 right to an effective remedy
• article 14 prohibition of discrimination
• article 15 derogation in time of emergency

Question 8

PROTOCOLS

Answer 8

• protocol 1
• protocol 7
• protocol 13